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Economic consequences of marriage, family relations and their dissolution 2013, para. 10
- Paragraph text
- The constitutions or legal frameworks of a number of States parties still provide that personal status laws (relating to marriage, divorce, distribution of marital property, inheritance, guardianship, adoption and other such matters) are exempt from constitutional provisions prohibiting discrimination or reserve matters of personal status to the ethnic and religious communities within the State party to determine. In such cases, constitutional equal protection provisions and anti-discrimination provisions do not protect women from the discriminatory effects of marriage under customary practices and religious laws. Some States parties have adopted constitutions that include equal protection and non discrimination provisions but have not revised or adopted legislation to eliminate the discriminatory aspects of their family law regimes, whether they are regulated by civil code, religious law, ethnic custom or any combination of laws and practices. All these constitutional and legal frameworks are discriminatory, in violation of article 2 in conjunction with articles 5, 15 and 16 of the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Violence against women 1992, para. 20
- Paragraph text
- In some States there are traditional practices perpetuated by culture and tradition that are harmful to the health of women and children. These practices include dietary restrictions for pregnant women, preference for male children and female circumcision or genital mutilation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 1992
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 95
- Paragraph text
- Reservations to any article of the Convention, and in particular articles 2 (f), 5 (a), 7, 9 and 14 to 16, may have a disproportionate impact on rural women. Examples include reservations limiting or otherwise adversely affecting their ability to enjoy rights to housing, land and property, such as those relating to succession and inheritance, as well as reservations limiting their right to political participation.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 92
- Paragraph text
- States parties should improve the living situation of rural women, in particular indigenous ones, who reside in peripheral regions, which tend to be poorer, more isolated and less connected to social services. They should accord priority to the development of those rural communities, engaging local women in the design and implementation of rural development plans.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 83
- Paragraph text
- In the absence of toilets or latrines, rural women and girls must also walk long distances in search of privacy. The lack of adequate sanitation also increases their risk of ill health. To remedy this situation, rural women and girls must have physical and economic access to sanitation that is safe, hygienic, secure and socially and culturally acceptable.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 78c
- Paragraph text
- [States parties should give priority to rural women's equal rights to land when undertaking land and agrarian reforms and consider it a specific and central objective of land reform. They should:] Formally recognize and review indigenous women's laws, traditions, customs and land tenure systems, with the aim of eliminating discriminatory provisions;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 77
- Paragraph text
- Land and agrarian reform often exclude rural women and are not implemented in a gender-responsive manner. Land reform policies sometimes have a male bias, such as registering land only in men's names, making compensation payments mostly in their name or compensating for land use restrictions (resulting in the loss of land, the loss of use and the loss of land value) based only on men's activities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 57
- Paragraph text
- States parties should take all measures, including temporary special measures, necessary to achieve the substantive equality of rural women in relation to land and natural resources, and design and implement a comprehensive strategy to address discriminatory stereotypes, attitudes and practices that impede their rights to land and natural resources.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 56
- Paragraph text
- The Committee considers rural women's rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights. Barriers that prevent them from enjoying these rights often include discriminatory laws, the lack of harmonization of laws and their ineffective implementation at the national and local levels, and discriminatory cultural attitudes and practices.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 48
- Paragraph text
- Rural women have limited paid employment opportunities and tend to work extremely long hours in low-skilled, part-time, seasonal, low-paid or unpaid jobs, home-based activities and subsistence farming. They are disproportionately represented in the informal sector, uncovered by social protection. Unequal access to income diversification opportunities often results in rural women being poorer than rural men.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 65b
- Paragraph text
- [Many countries have made reservations to:] Article 5 (a), which indicates that States parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either sex or on stereotyped roles for men and women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 64c
- Paragraph text
- [The Committee recommends that, in cooperation with non-State actors, States parties:] Provide safeguards against violations of women's human rights by enabling review by State courts or administrative bodies of the activities of all components of plural justice systems, with special attention to village courts and traditional courts;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 46b
- Paragraph text
- [The Committee recommends that States parties:] Consider the creation, within the same institutional framework, of gender-sensitive family judicial or quasi-judicial mechanisms to deal with issues such as property settlement, land rights, inheritance, dissolution of marriage and child custody; and
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 46a
- Paragraph text
- [The Committee recommends that States parties:] Adopt written family codes or personal status laws that provide for equal access to justice between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee's general recommendations;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 45
- Paragraph text
- Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. The Committee has repeatedly emphasized that family laws and the mechanisms of their application must comply with the principle of equality enshrined in articles 2, 15 and 16 of the Convention.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 35d
- Paragraph text
- [The Committee recommends that States parties:] Take steps to promote a culture and a social environment in which justice-seeking by women is viewed as both legitimate and acceptable rather than as cause for additional discrimination and/or stigmatization.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s access to justice 2015, para. 25d
- Paragraph text
- [The Committee recommends that States parties:] Protect women and girls from interpretations of religious texts and traditional norms that create barriers to their access to justice and result in discrimination against them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 57
- Paragraph text
- A social norm is a contributing factor to and social determinant of certain practices in a community that may be positive and strengthen its identity and cohesion or may be negative and potentially lead to harm. It is also a social rule of behaviour that members of a community are expected to observe. This creates and sustains a collective sense of social obligation and expectation that conditions the behaviour of individual community members, even if they are not personally in agreement with the practice. For example, where female genital mutilation is the social norm, parents are motivated to agree to its being performed on their daughters because they see other parents doing so and believe that others expect them to do the same. The norm or practice is often perpetuated by other women in community networks who have already undergone the procedure and exert additional pressure on younger women to conform to the practice or risk ostracism, being shunned and stigmatization. Such marginalization may include the loss of important economic and social support and social mobility. Conversely, if individuals conform to the social norm, they expect to be rewarded, for example through inclusion and praise. Changing social norms that underlie and justify harmful practices requires that such expectations be challenged and modified.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Women
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 52
- Paragraph text
- The laws or practices of some States parties restrict the use of a will to override discriminatory laws and customs and increase women's share of inheritance. States parties are obligated to adopt laws relating to the making of wills that provide equal rights to women and men as testators, heirs and beneficiaries.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 13
- Paragraph text
- The extent to which individuals are free to choose their religious or customary adherence and practice varies, as does their freedom to challenge the discrimination against women enshrined in the laws and customs of their State or community.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 43
- Paragraph text
- States parties should ensure that older women, including those who have the responsibility for the care of children, have access to appropriate social and economic benefits, such as childcare benefits, as well as access to all necessary support when caring for elderly parents or relatives.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 16
- Paragraph text
- Gender stereotyping, traditional and customary practices can have harmful impacts on all areas of the lives of older women, in particular those with disabilities, including family relationships, community roles, portrayal in the media, employers' attitudes, health care and other service providers, and can result in physical violence as well as psychological, verbal and financial abuse.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 46
- Paragraph text
- Their laws still contain many measures which discriminate against women based on norms, customs and sociocultural prejudices. These States, because of their specific situation regarding these articles, make it difficult for the Committee to evaluate and understand the status of women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 33
- Paragraph text
- In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should be revoked and discouraged.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 27
- Paragraph text
- In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 13
- Paragraph text
- The form and concept of the family can vary from State to State, and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family both at law and in private must accord with the principles of equality and justice for all people, as article 2 of the Convention requires.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 4
- Paragraph text
- The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women's basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Equality in marriage and family relations 1994, para. 3
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Unpaid women workers in rural and urban family enterprises 1992, para. (c)
- Paragraph text
- [Recommends that States parties:] Take the necessary steps to guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1992
- Date added
- Aug 19, 2019
Paragraph
Unpaid women workers in rural and urban family enterprises 1992, para. (b)
- Paragraph text
- [Recommends that States parties:] Collect statistical data on women who work without payment, social security and social benefits in enterprises owned by a family member, and include these data in their report to the Committee;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 1992
- Date added
- Aug 19, 2019
Paragraph